The U.S. Environmental Protection Agency (EPA) has released the first public list of Confidential Business Information (CBI) claims scheduled to expire under the Toxic Substances Control Act (TSCA). The list covers claims expiring between June 22, 2026, and July 31, 2026. EPA states that it will refresh the list monthly as additional claims approach expiration. Because the list identifies claims by EPA case number, expiration date, and submission type—not submitter name—companies will need to compare the listed numbers against their own TSCA submission records, including 2016 Chemical Data Reporting (CDR) filings and Section 5 submissions such as PMNs, LVEs, NOCs, and TMEAs. EPA strongly encourages companies to review the list and future lists to determine whether any of their TSCA CBI claims are included.
This development marks the first implementation of TSCA section 14(e)’s 10-year expiration period for most CBI claims. The 2016 Lautenberg Act amendments to TSCA established that most non-exempt TSCA CBI claims expire after 10 years unless the submitter requests, and EPA approves, an extension. Because the Lautenberg Act was signed in June 2016, the first post-amendment claims will begin expiring in June 2026.
EPA’s release starts the first TSCA section 14(e) CBI expiration cycle. EPA must provide notice at least 60 days before a covered CBI claim expires. Submitters seeking continued protection must request an extension through the Chemical Data Exchange (CDX) at least 30 days before expiration. EPA must then approve or deny the request before the claim expires. Extension requests must include substantiation supporting continued protection.
What EPA Has Released
EPA’s webpage, “CBI Claim Expiration,” includes an Excel spreadsheet identifying TSCA submissions with CBI claims expiring between June 22 and July 31, 2026. EPA also states that it is sending direct notices to the original submitter of each expiring CBI claim through the Central Data Exchange (CDX), EPA’s electronic submission system. To receive timely notice, EPA advises submitters to keep company contact information current in CDX, preserve CDX passphrases, and reestablish access to lapsed or inaccessible CDX accounts as soon as possible.
EPA’s webpage also includes important guidance on how expiration dates are calculated. For most TSCA CBI claims, the claim expires 10 years after the date the claim was asserted in the relevant TSCA filing. For claims protecting a specific chemical identity, however, EPA calculates the expiration date from the first approved CBI claim for that specific chemical identity submitted by any TSCA submitter after June 22, 2016. As a result, a company that submitted a later TSCA filing for the same confidential chemical identity may find that its claim expires less than 10 years after its own submission. EPA directs submitters to the confidential portion of the TSCA Chemical Inventory, specifically the “EXP” column, to determine expiration dates for confidential chemical identities.
How Companies Request an Extension
EPA has deployed a new “TSCA Section 14(e) CBI Claim Extension Request” tool in CDX. Companies seeking to extend an expiring CBI claim must submit the request electronically through CDX no later than 30 days before the claim’s expiration date. The request must substantiate the need for continued protection. If EPA does not receive a timely request, EPA is no longer required to safeguard the information as CBI, and the information may be made public without further notice to the submitter.
EPA’s webpage states that substantiation generally must include a supporting statement and certification that:
- The submitter has taken reasonable measures to protect the information;
- The information is not required to be disclosed under federal law;
- Disclosure would cause substantial competitive harm; and
- The information is not readily discoverable through reverse engineering.
EPA will review each extension request and either grant or deny the request no later than the expiration date. If EPA approves the request, the information may be protected for up to an additional 10 years. If EPA denies the request, TSCA requires EPA to notify the submitter in writing of the reasons for denial at least 30 days before intended disclosure.
The FAQ portion of EPA’s webpage contains several practical details that companies should note. Requests to extend confidentiality claims for specific chemical identities must be made separately from requests covering other types of information. For non-chemical identity claims, submitters may be able to rely on substantiation from the original submission or another submission, while specific chemical identity requests may be supported by new substantiation or substantiation from a previous submission. EPA also provides a mechanism for companies whose current CDX account differs from the original submitter due to mergers, acquisitions, divestitures, rebranding, or similar changes to explain that relationship in the extension form.
Which Claims May Not Require Extension
EPA’s webpage explains that some categories of information are exempt from both substantiation and expiration under TSCA section 14. These include, among other categories, certain process information, marketing and sales information, supplier or customer identities, mixture composition details, specific use/function/application information, specific production or import volumes, and certain pre-commercial chemical identity information submitted under TSCA section 5.
EPA cautions, however, that if a submitter is uncertain whether information falls within an exemption and wants the information to remain confidential, the submitter should file an extension request. If no request is filed and the information is not clearly exempt, EPA will treat the submitter as allowing the claim to expire. The information could then be disclosed without further notice.
What Companies Should Do Now
Companies that submitted TSCA information beginning in June 2016 should act promptly to determine whether they have CBI claims approaching expiration. This is particularly important for companies that made TSCA section 5 new chemical submissions, CDR submissions, section 8(e) substantial risk submissions, import/export-related submissions, or other TSCA submissions containing confidential information.
Companies should not simply recycle prior substantiations; rather, they should carefully review existing substantiations and update them where appropriate. In many cases, the original substantiation may have been prepared shortly after the 2016 TSCA amendments, before EPA and submitters had significant experience applying the amended CBI requirements. Extension requests provide an opportunity—and, given EPA’s required review of extension requests, a practical need—to explain with specificity why disclosure would likely cause substantial competitive harm and why the information is not readily discoverable.
Companies should consider taking the following steps:
1. Review EPA’s current list of expiring claims and monitor monthly updates. The first list covers claims expiring from June 22 through July 31, 2026. Future lists will identify additional claims approaching expiration.
2. Use EPA records to match affected claims. Because EPA’s public list does not identify submitter names, companies should compare the listed EPA-assigned case numbers and submission types against internal TSCA records, CDX accounts, and, where relevant, Federal Register notices identifying Section 5 submissions such as PMNs, SNUNs, MCANs, TMEAs, and NOCs.
3. Check the TSCA Inventory for confidential chemical identity claims. For specific chemical identities, the expiration date may be tied to another company’s earlier approved claim for the same substance, rather than the company’s own later submission.
4. Pay particular attention to 2016 CDR submissions. The 2016 CDR submission period originally ran from June 1 through September 30, 2016, and EPA later extended the reporting deadline to October 31, 2016. As a result, CDR-related CBI claims asserted during that reporting cycle may begin appearing on EPA’s monthly expiration lists as their 10-year anniversaries approach.
5. Confirm CDX access and contact information. EPA is providing direct notices through CDX where possible. Companies should ensure that authorized officials and technical contacts are current, passphrases are preserved, and lapsed accounts are restored.
6. Identify whether continued protection remains necessary. Some older claims may no longer warrant protection; others may protect sensitive chemical identity, volume, use, or business information that remains commercially important.
7. Prepare substantiation before the 30-day deadline. For claims expiring on June 22, 2026, extension requests are due no later than May 23, 2026. Companies should not wait until the final days before expiration, particularly if CDX access, passphrases, or corporate successor issues must be resolved.
8. Do not assume claims can be broadened or revived. EPA’s FAQ states that confidentiality claims may not be modified, new claims may not be added, and claims previously denied by EPA or withdrawn by the submitter may not be revived through the extension process.
Commentary
The release of EPA’s first expiring-claims list begins a new phase in TSCA CBI administration. For many companies, TSCA CBI claims have historically been treated as largely static once asserted and substantiated. Companies should assume that EPA will scrutinize extension requests more closely than some original CBI assertions, particularly for claims that may not have been reviewed when first submitted. A static approach to TSCA CBI management is no longer sufficient. The 10-year expiration period now requires companies to maintain an active docketing and review process for TSCA submissions containing CBI.
The practical risk is clear: if a company misses the 30-day deadline for a non-exempt expiring claim, EPA may disclose the information without further notice. The administrative burden may be significant for companies with many historical TSCA filings, changed corporate structures, departed employees, inaccessible CDX accounts, or missing passphrases. The risk may be especially acute for confidential chemical identity claims, where expiration may be based on the first post-Lautenberg-approved claim for the substance rather than the company’s own submission date.
